Tag: illegal search

Supreme Court asked to decide the limits of violations of the Fourth Amendment’s prohibition on “unreasonable searches”

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Source: usatoday.com 9/5/23 The problem for Nero the police dog began when he put his paws on the door of a car that had been pulled over after the driver swerved across three lanes.  By all accounts, the Belgian Malinois did his job, sniffing out a pill bottle and a plastic bag that contained meth residue – evidence that ultimately allowed police in Idaho to get a warrant and charge the driver, Kirby Dorff, with felony drug possession. But the paws Nero placed on the driver side door as he…

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Federal Judge Makes History in Holding That Border Searches of Cell Phones Require a Warrant

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Source: eff.org 5/30/23 With United States v. Smith (S.D.N.Y. May 11, 2023), a district court judge in New York made history by being the first court to rule that a warrant is required for a cell phone search at the border, “absent exigent circumstances” (although other district courts have wanted to do so). EFF is thrilled about this decision, given that we have been advocating for a warrant for border searches of electronic devices in the courts and Congress for nearly a decade. If the case is appealed to the…

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CA: Child porn case against California doctor dismissed

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[pressherald.com] The child pornography case against a California doctor whose computer was searched after he submitted it to Best Buy’s Geek Squad for repair has been dismissed after a judge ruled that an FBI agent made “several false or misleading statements or omissions … with reckless disregard for the truth” in a search warrant affidavit. The case against oncologist _____ attracted national attention because it revealed that technicians at the Geek Squad’s central repair facility in Kentucky had been paid by the FBI and would tip off the FBI field…

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